Working from home may have opened doors to level the playing field and create an accessible environment, but is it truly helping people?
Recent studies have found that 31% of workers feel they have to be twice as productive when working remotely, and over half are taking fewer breaks and working for much longer.
The reality of remote work is complex – work-from-home discrimination has taken new, often subtle forms, impacting employees in unexpected ways.
Unfortunately, discrimination did not disappear with the shift to remote work – it adapted.
Recognising these emerging patterns gives employees the tools to better identify unfair treatment and take action. Understand these evolving challenges with Cavendish Employment Law’s expert insights and take the first step toward ensuring equal opportunities in the digital workplace…
The Evolution of Discrimination in Remote Work
Remote work promised flexibility and inclusivity and unlocked new avenues for an accessible way to work.
But, in its shadow, new challenges evolved and reshaped workplace dynamics.
Work-from-home discrimination has emerged in subtle ways, often rooted in changes to visibility, control, and access to opportunities. Without face-to-face interaction, unconscious biases have found new digital avenues, impacting everything from career progression to daily communication.
Shifting Power Dynamics
Before the mass uptake of working from home, discrimination was typically seen in traditional workplace settings. Employees could demonstrate their contributions through in-person interactions and had a level playing field to do so.
Now, visibility is often determined by online presence, response times, and meeting participation—metrics that do not always reflect actual productivity or effort.
This shift has disproportionately affected certain groups. Employees with caregiving responsibilities, such as parents or those supporting elderly relatives, may struggle with rigid availability expectations. On the same note, neurodivergent employees who find constant video calls overwhelming may be unfairly perceived as disengaged.
Working-from-home discrimination also arises when managers favour employees who fit their ideal "always available" mould, overlooking those who work effectively but with different needs.
The Rise of "Invisible Labour"
While the accessibility of working from home is appealing, remote work has also contributed to the blurred lines between professional and personal life.
Remote work has blurred the boundaries between professional and personal life, making it harder for employees to switch off.
This rise has been felt by everyone, but women and caregivers who shoulder the burden of unpaid "invisible labour” are particularly impacted as domestic tasks often fall disproportionately on these individuals, leaving them overworked and struggling to balance career demands.
Studies have shown that 38% of remote workers are experiencing burnout due to pressure to work more hours – increasing the risk of stalled career progression and fewer opportunities for advancement.
Digital Discrimination
As working methods evolve, so does the discrimination that follows.
For those working from home, discrimination can be seen in the technology they need to fulfil their role. Naturally, this tech is essential, but some companies have begun to implement surveillance tools that track screen activity and keystrokes.
While it can help management keep their eye on productivity and performance, it can create an environment of constant monitoring which employees may find difficult to manage.
It’s also more likely to disproportionately affect workers with caregiving duties that require flexibility, and those from lower-income backgrounds who may lack access to high-speed internet and advanced technology, putting them at a disadvantage in virtual meetings and collaboration.
The Perpetuation of Existing Biases
While remote work has changed how we interact, it has not eliminated workplace biases that already exist.
Work-from-home discrimination has allowed existing inequalities, such as gender, race, and disability discrimination to persist in new ways.
This can be seen in online meetings, where employees with disabilities may struggle with inaccessible software, while those with unique challenges such as unreliable internet, lack of ergonomic workspaces, or difficulties with virtual social cues could be seen as ‘unproductive’.
The likelihood of isolation-related challenges is also increased – social and professional communication is limited and these networking opportunities are key for career progression for many. Over time, the impact on the mental well-being of employees can also become a deep concern, with some studies already showing that up to 73% of executives reported remote workers feeling isolated.
Recognising and Addressing Remote Work Discrimination
As remote work continues to shape the modern workplace, it is crucial to recognise and address work-from-home discrimination.
The issue affects everyone, but advocating for a fair working environment plays an important part in protecting workers’ rights. While discrimination in the workplace is not a new challenge, the number of those impacted by working-from-home discrimination is rising.
One in four technology workers say they experience more gender-based harassment when working from home, while 36% of women and 42% of trans tech workers reported an increase in gender-based harassment while working remotely during the pandemic.
Unfortunately, many employees may not even realise they are experiencing working-from-home discrimination, as biases in virtual settings can be subtle and difficult to identify. Raising awareness is the first step in ensuring that discrimination does not go unchecked…
1. Raise Awareness
To be able to raise awareness of working from discrimination, workers must know how to spot it.
Discrimination in remote work environments can take many forms, from digital exclusion to biased performance evaluations. Employees can typically face micromanagement, and seclusion from key conversations, and even receive fewer opportunities for promotions than their counterparts.
2. Gather Evidence
If you suspect discrimination, it is essential to document specific instances. Keep records of discriminatory comments, exclusion from meetings, or disparities in workload and feedback. Emails, chat messages, and meeting recordings can serve as critical evidence when seeking support or legal action, so there is no such thing as ‘too much detail!’
3. Seek Support
Employees facing remote work discrimination should not navigate it alone. It can be an incredibly distressing experience, and how you handle the situation can seriously impact the outcome.
Instead, seek guidance from legal professionals who are well-equipped to help you understand your rights at work and the types of employment discrimination, as well as providing clarity on the best course of action.
Legal Support for Working from Home Discrimination
Addressing remote work discrimination goes beyond individual cases. Having the right legal support can be a powerful tool in driving systemic change and supporting employees in exercising their right to challenge unfair treatment through legal channels.
Consulting Cavendish Employment Law specialists immediately unlock strategic advice so those affected can negotiate fair treatment across internal complaints, mediation, and if necessary, formal legal proceedings.
Our experienced professionals can assess whether workplace policies comply with anti-discrimination laws and advocate for necessary reforms, as well as securing justice and compensation if employers fail to address working-from-home discrimination.
Cavendish Employment Law | Your Trusted Solution
If you've faced discrimination while working from home, Cavendish Employment Law is here to help. Our award-winning employment lawyers have a 100% success rate in contentious cases, ensuring employees receive the justice they deserve.
Whether you've experienced bias in performance evaluations, denial of flexible working rights, or any other form of discrimination, our expert team offers immediate legal support to protect your rights.